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The Cabinet decision to approve and invoke Section 100 (1) (b) of the Constitution in the North West, has once again demonstrated the gradual collapse of the quasi-federal system in South Africa and the failure of predominantly black leadership to fulfil its executive constitutional obligation.
It is about time that we identify the real problems in our body politic and not try to sugarcoat black leadership failure through Constitutional technicalities.
The invocation of Sections 100 and 139 of the Constitution of the Republic, often creates the impression that the actual problem is only at the political level and often ignore the failure by those entrusted with administrative powers to run municipalities, provincial departments and public entities thereof.
In the North West case specifically, I believe that the governing party at national level has conveniently opted to use the Constitution to deal with the deep-rooted factional battles within the ANC in the province.
The comments from their alliance partners in the province – South African Communist Party, the Congress of South African Trade Unions and the South African National Civic Organisation – are not helpful in this case.
The collapse of service delivery, financial management, failure to comply with legislative and framework of government and poor governance as cited by the Cabinet meeting; are all directly related to political interference in administration and failed cadre deployment strategy.
There are many in North West provincial government and municipalities that are still battling to make a clear distinction between a political oversight and political interference in administrative matters.
All corruption related cases by politicians in the province are aided one way or the other by those entrusted with daily administrative functions.
The three spheres of government – that is national, provincial and local government – have also created unnecessary competition, demonstration of power blocs and fiefdom to a large extent.
This has also demonstrated failure of the predominantly black leadership to serve our people and the gradual failure of the current quasi-federal system in our country.
In my view, the provincial sphere of government does not need to be reformed or restructured, it must be completely phased out as it serves as nothing else but gatekeepers to service delivery.
Provincial governments are simply meant to prolong service delivery, make some of national ministers look irresponsible, incompetent and mainly benefit politicians at provincial level (provincial government and legislature) who did not make it to the national level.
The health services in the North West province as reported by the cabinet has collapsed and the sad part about this, is that the same union leading the protest or shutdown, as they call it, in the province is the ANC alliance partner through Cosatu.
As a result, our people in the province more especially the elderly, unemployed and those who cannot afford exorbitant private medical care, are left stranded.
The factional battles in the province continue to display themselves through all alliance partners in the province and our people suffer the consequences and pay the price.
As much as I support the improvement of working conditions for all workers in the country, I find it very inhuman for any caring and conscious black healthworker (nurse or doctor) to leave the medical wards unattended with newborn babies, elderly and patients who require constant medical care.
A few weeks back, I cried when Health Minister Aaron Motsoaledi reported how nurses and doctors at one hospital were forcefully removed from the medical wards and newborn babies were left unattended.
What has happened to our conscience and caring attitude?
For national, provincial and local government to function effectively under the current quasi-federal system, there is a need to identify real problems, isolate the bad apples in the system and prioritise service delivery to our people, not selfish political party leaders and their associates.
Invoking section 100 (1) (b) of the Constitution creates the impression that almost everything is rotten from political to administrative level, when we all know that in most cases the rot is at political level and their interference in administrative functions instead of providing political oversight.
It would also be incorrect to generally assume that all officials at national, provincial and local government are incompetent, corrupt, unqualified and beyond rehabilitation.
We have heard of many cases at national, provincial and municipal level where some of the ministers, premiers, members of executive council (MECs) and mayors; decided to ignore the advise from some of the accounting officers, accounting authorities and other officials.
In the case of the North West, I believe that the appropriate section of the Constitution that should have been considered by the Cabinet, was Section 109 (1).
This speaks about dissolving the provincial cabinet, and would have gone a long way in enforcing accountability, responsibility and demonstrating that there are harsh consequences for failure to run provincial governments and local councils as effectively and efficiently as required by the Constitution.
Invoking Section 100 (1) (b) simply means that all thosewho have failed to provide the required political oversight, promote good governance, accelerate service delivery and fight corruption as in their capacity as premiers, members of provincial legislatures and members of executive council would continue to earn their lucrative monthly salary with all associated benefits even though they have to be subjected to the babysitting process by national government.
The failure by the North West provincial government to fulfil its executive obligation, is a serious indictment on the ANC in the province and their inability to effectively deal with ongoing factional battles for control and power in the province.
The best option as I suggested earlier, was to completely dissolve the provincial legislature and seek a new mandate from the people in the province and not use constitution of the republic to resolve ANC factional battles.
• Lesego Sechaba Mogotsi is Member of Azapo based in Ward 85, Tshwane and also serves as member of Azapo committee on publicity and information. He writes in his personal capacity.
